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TERMS AND CONDITIONS

Private Hire Agreement Terms and Conditions

This Agreement sets forth the conditions for private hire of the Facilities at 55 Spalding Road, Bourne PE10 0AU, specifically the swimming pool, for use by 2 to 8 persons. 

By ticking the box on the booking page, the Hirer acknowledges and agrees to the following terms and conditions:

Agreement Confirmation

The Hirer confirms that they have fully read and understood these Conditions of Private Hire, including the Emergency Action Plan and Pool Rules. The Hirer accepts responsibility for ensuring that all users attending the Facilities are aware of the terms and condition, and comply with the Pool Rules at all times.

DEFINITIONS:

Bourne Private Pool: A sole Trader company providing private hire of the Facilities as per this Agreement.

Manager: The personal representative of Bourne Private Pool responsible for the daily operation of the Facilities. 

The Manager can be contacted using the provided details:

Telephone: 07572 863342

Email: swimhappy@bourneprivatepool.com

Facilities: The swimming pool and associated amenities located at 55 Spalding Road, Bourne PE10 0AU. This includes the designated car park, allowing a maximum of 6 vehicles during each Session. Bourne Private Pool does not provide or arrange supervision of Users but requires the Hirer to ensure compliance with specified supervision requirements. The hirer is aware of the pool depth; 1m increasing to 1.8m and has read the pool rules in this regard, which form part of these terms and conditions.

Hirer: The individual hiring the Facilities, who must be 18 years or older. The Hirer agrees to abide by the Conditions of this Agreement and ensure that all Users comply with the Pool Rules. The Hirer is responsible for the conduct of all Users during a Session.

User/Users: Any person(s) attending the Facilities as part of the Hirer's party, whether entering the pool or supervising from the poolside. All Users must adhere to the Conditions and Pool Rules without exception.

Session: The designated period for private hire of the Facilities as agreed upon in this Agreement. Each Session lasts up to 1 hour, including all activities. Failure to sign and return this Agreement may result in the revocation of access to the Facilities. If access is still granted, the Hirer is bound by all Conditions and Pool Rules upon entering.

Pool Rules: The specific rules governing the use of the swimming pool, enclosed as part of this Agreement. The Hirer agrees to comply with these rules, which may be updated periodically. The rules are effective upon agreement and remain in force unless the Hirer receives written revisions prior to the Session.

1. AGREEMENT TERMS

This Agreement is between the Hirer and Bourne Private Pool and commences from the date of booking when the box indicating agreement to the terms and conditions is ticked.

Access to the pool is conditional upon agreeing to the terms and conditions, signing the waiver form, and abiding by the Pool Rules.

2. PERMITTED USE

2.1 - The use of the Facilities is contingent upon the Hirer and Users fully observing and complying with the Pool Rules.

2.2 - Permitted Use requires a minimum of 2 and a maximum of 8 Users during each Session. The Supervision Ratio applies.

2.3 - When only two Users are present, they must both be above 10 years old, and one of them must be 18 years or older and a capable swimmer. The Hirer is responsible for ensuring Users meet the age and competency requirements. The Supervision Ratio always applies.

2.4 - Users must not be alone when entering or using the Facilities. No individual User should be in the water unless visible to another User. These restrictions are in place to ensure the safety of all Users, and periodic checks may be conducted to enforce compliance.

2.5 - Bourne Private Pool does not provide lifeguard supervision during Sessions. The Hirer agrees to take responsibility for complying with the Permitted Use and Supervision Ratio. The Hirer must assess whether a lifeguard is required and assumes all related responsibilities and costs. Bourne Private Pool does not assess the suitability or qualifications of third-party lifeguards, and the Hirer retains full responsibility for adhering to the Permitted Use and supervision conditions.

2.6 - The Hirer is solely responsible for the health and safety of themselves and Users during all times at the Facilities.

2.7 - The Hirer and/or group leader(s) must have access to a charged and functional mobile telephone at all times for emergency purposes. The Hirer is responsible for ensuring the device's proper functioning at the start of each Session.

2.8 - The Hirer agrees to familiarize themselves with the emergency procedures, including first aid, fire safety, and accident reporting, outlined in the Pool Safety Management Policy document available on-site. All accidents must be recorded in the Accident Book and reported to the Manager promptly before leaving the Facilities.

2.9 - Any damage or hazards identified by the Hirer or Users must be immediately reported to the Manager.

2.10 - The Hirer and Users must participate in any evacuation drills or procedures implemented by Bourne Private Pool.

3. SUPERVISION RATIO

3.1 - The Supervision Ratio is a requirement for Permitted Use of the Facilities, and the Hirer must ensure compliance.

3.2 - A Supervisor, defined as a person aged 18 or above and a capable swimmer, must be present according to the Supervision Ratio.

3.3 - The minimum number of Users is two, both above 10 years old, with at least one meeting the Supervisor requirements.

3.4 - Users under 18 years old must not be in the swimming pool or surrounding area without a Supervisor. The Supervisor must accompany children of this age at all times, whether inside the pool or in the vicinity. Unattended access and swimming by those under 18 is strictly prohibited.

3.5 - A Supervisor must be within touching distance when supervising persons in the water of the swimming pool.

3.6 - The Supervision Ratios outlined below are minimum requirements, and additional supervision may be necessary based on health and safety considerations:

o Children under 5 years old require 1:1 supervision by a Supervisor.

o Children between 6 and 10 years old require 1:2 supervision by a Supervisor.

o Individuals between 11 and 17 years old require 1:3 supervision by a Supervisor.

3.7 - The maximum number of Users allowed simultaneously, whether in the water or surrounding area, is 8.

4. FEE AND PAYMENT

4.1 - The Hirer is responsible for payment of all fees.

4.2 - The Fee for each Session is as advertised at the time of booking or as otherwise agreed for frequent and periodic reservations.

4.3 - All Sessions must be paid for in advance via the designated booking system. For individual and infrequent Sessions, this Agreement will be sent to the Hirer, and online payment instructions will be provided after receiving a further email. Booking is considered complete and confirmed only upon receipt of payment by Bourne Private Pool. A confirmation email with an Access Code will be sent to the Hirer's provided address.

4.4 - Periodic, regular, and frequent Sessions can also be arranged and reserved by phone or email. Confirmation will be provided, and payment does not need to be made in advance. The web page vacancies will be updated accordingly.

4.5 - The fee is charged based on the number of people entering the pool house, regardless of whether they enter the pool water. The permitted numbers for use are outlined in clause 4 below.

4.6 - The Fee for each Session is specified in the booking confirmation. Bourne Private Pool reserves the right to review prices periodically and will notify the Hirer one month in advance of any changes.

4.7 - The Hirer agrees to make payment upon receiving an invoice, except for single Sessions where payment is made at the time of booking. Payment is made prior to use via the provided online payment platform.

4.8 - Bourne Private Pool may apply additional fees at its discretion for permitting use of the Facilities beyond the usual Conditions, such as exceeding the permitted numbers for use. Such use is subject to compliance with health and safety laws, and any additional fees will be communicated in advance.

5. PERIOD OF HIRE

5.1 - The Facilities are available for hire 365 days a year from 10:00 to 20:00, unless specified as closed on the calendar system. Bourne Private Pool reserves the right to close the pool.

5.2 - Sessions must be booked in advance by Users and remain valid for lawful access to the Facilities. No entry is permitted without attending a confirmed Session for which the Hirer is responsible.

4.3 - Session availability is updated on the booking page, with changes reflecting the latest booking activity.

5.4 - Each Session lasts for one hour, including time for entering and changing.

5.5 - Sessions start and end promptly on the hour. The Facilities must be vacated at the end of the Session or the final Session when multiple consecutive bookings are made.

5.6 - These conditions apply to all types of Hirers and Users, whether periodic, regular, or one-time hire of Sessions.

5.7 - If a Hirer has previously agreed to these Conditions and later hires the Facilities again, they remain bound by all terms unless both parties agree otherwise in writing.

5.8 - Bourne Private Pool may refuse admission to the Hirer or Users at its discretion or require individuals to leave during a Session.

6. RESPONSIBILITIES OF THE HIRER

The Hirer must ensure that they and all Users of the Pool:

6.1 - Adhere to the Pool Rules at all times, as enclosed and forming part of this Agreement.

6.2 - Comply with all the Conditions outlined in this Agreement, including checking compliance with the Permitted Use and Supervision Ratio by all individuals.

6.3 - Remain physically present at the Facilities throughout the Session. The Lead Hirer is responsible under this Agreement and cannot delegate their obligations to another party member.

6.4 - Have access to a fully charged and functioning mobile telephone during the Session for emergency purposes.

6.5 - Familiarize themselves with the emergency procedures, including first aid, fire safety, and accident reporting, as outlined in the Pool Safety Management Policy document available on-site.

6.6 - Assess risks associated with all Users attending a Session, including health, medications, swimming competency, and other relevant factors.

6.7 - Implement necessary measures, including lifeguard appointment, based on the assessment of Users attending the Session.

6.8 - Not wear outdoor footwear inside the Facilities.

6.9 - Notify the Manager immediately of any faults or damages to the Facilities.

6.10 - Ensure that, if necessary, the Hirer and Users have adequate personal accident insurance coverage.

7. RESPONSIBILITIES OF BOURNE PRIVATE POOL

Bourne Private Pool is responsible for ensuring that:

7.1 - The Hirer and Users under their control have exclusive use of the Facilities during the booked Session, with exceptions for Bourne Private Pool employees, Manager, or authorized representatives who may access the Facilities for inspections, maintenance, cleaning, or other necessary purposes.

7.2 - Changing facilities are available for use by the Hirer and Users.

7.3 - The pool is in suitable condition for use during the Session.

7.4- A list of the chemicals used can be requested from the pool owner

8. CANCELLATION OF THE SESSION

8.1 - The Hirer may cancel a Session without charge if a minimum notice of 48 hours before the Session is provided. Cancellations made within a shorter period will be subject to the full session being charged

8.2 - Bourne Private Pool may cancel a Session if circumstances beyond their control prevent the use of the Facilities, such as emergency maintenance, equipment breakdown, or water shortage. In such cases, the Hirer will receive a full credit or refund applicable to the cancelled Session, which will be applied to their next unpaid Session.

9. LIABILITY

9.1 - Bourne Private Pool is not liable for any loss or damage suffered by the Hirer or Users resulting from any breach by the Hirer or Users. This does not exclude Bourne Private Pool's statutory liability for any loss or damage caused by its own negligence.

9.2 - The Hirer is responsible for all costs incurred by Bourne Private Pool due to misuse of the pool or failure to comply with the Pool Rules or any terms of this Agreement.

10. TERMINATION

10.1 - Either party may terminate this Agreement by providing written notice to the other party in accordance with the Session cancellation rights outlined above.

10.2 - Notices under this clause must be sent in writing by post or email to the contact details specified for each party in this Agreement or as otherwise communicated.

10.3 - Bourne Private Pool reserves the right to terminate this Agreement with immediate effect, including during a Session, if the Hirer or any Users fail to comply with the Conditions or Pool Rules.

10.4 - In such circumstances:

(a) If the agreement is terminated during a Session, the Hirer forfeits the Fee for that Session in its entirety.

(b) Bourne Private Pool has sole discretion to determine whether the Hirer and/or User will be allowed future access to the Facilities under any circumstances. This decision may apply to both the capacity of Hirer and User.

11. CHANGE OF RULES

11.1 - Bourne Private Pool reserves the right to change the Pool Rules at its discretion. In such cases, Bourne Private Pool will send a copy of the new rules to the Hirer's last known postal and/or email address. The new Pool Rules become effective two days from the date of sending by post or from the date and time of sending by email, whichever occurs sooner when both methods are used.

12. CAR PARKED AT OWNER'S RISK

12.1 - All vehicles parked within the premises of Bourne Private Pool are done so at the owner's risk.

12.2 - Bourne Private Pool does not assume any responsibility or liability for theft, loss, damage, or vandalism that may occur to vehicles parked on the premises.

12.3 - It is the owner's responsibility to ensure their vehicle is securely locked and all valuable items are removed or stored out of sight.

12.4 - Bourne Private Pool is not liable for any damage caused to vehicles due to accidents, natural disasters, or any unforeseen events.

12.5 - The use of the car park signifies the owner's acceptance of these terms and acknowledges that parking is done at their own risk.

12.6 - Bourne Private Pool reserves the right to enforce car park rules and regulations and may take necessary actions, including towing, to ensure compliance.

12.7 - There is a 5MPH speed.

12.8 - By parking your vehicle within the premises of Bourne Private Pool, you agree to the above terms and conditions, acknowledging that any parking is done at your own risk.

13. CCTV

13.1 - CCTV is used on our premises (car park) for security and safety purposes. The presence of CCTV cameras helps us maintain a secure environment. We want to assure you that your privacy and rights are respected and protected. If you have any concerns or questions regarding our CCTV system or its usage, please feel free to contact our staff, who will be happy to assist you. Your privacy and security are important to us, and we are committed to maintaining the highest standards in the handling and use of CCTV footage.

14. DECLARATION

BY TICKING THE BOX ON THE ONLINE BOOKING FORM, THE HIRER DECLARES THE FOLLOWING: